Sandeep Kumar Sah vs State of Bihar

Alok Kumar Sinha, J

Heard learned counsel for the petitioner and learned counsel appearing for the respondent-State.

With the consent of the parties, the present writ application is being disposed of at this stage.

The petitioner has prayed for the grant of following relief(s):-

“(a) For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus directing the respondent authorities to regularize the service of the petitioner on the post of Peon as the petitioner is working on the post of Peon continuously as daily wager in Hazari Lal Inter College, Baliwan Sagar, District-Gopalganj since 10.02.2014.

(b) For issuance of writ/writs, order/orders, direction/directions in the nature of mandamus directing the respondent authorities to grant the scale of Peon to the petitioner, as the petitioner has been appointed on the post of Peon as daily wager after following due process of law against the sanctioned and vacant post.

(c) For any other reliefs for which the petitioner may be found entitled in the eye of law in the facts and circumstances of the case.”

After advancing some argument, learned counsel for the petitioner submits that for the aforesaid relief the petitioner has already filed a representation dated 10.03.2017 (Annexure-5) before the District Education Officer, Gopalganj which continues to be pending till date. He, therefore, submits that an appropriate direction be issued to the District Education Officer, Gopalganj to dispose of the pending representation of the petitioner within a fixed time-frame after giving an opportunity of hearing to the petitioner.

To the aforesaid submission made by learned counsel for the petitioner, learned counsel appearing for respondent-State does not have any objection.

Considering the limited nature of prayer made by learned counsel for the petitioner, this writ application is disposed of directing the District Education Officer, Gopalganj to dispose of the pending representation dated 10.03.2017 (Annexure-5) of the petitioner within a period of six months from the date of receipt/production of a copy of this order, after giving an opportunity of hearing to the petitioner. Needless to emphasize that the final order which shall be passed by the District Education Officer, Gopalganj should be a reasoned and speaking order which must be passed in accordance with law.

With the aforesaid observation and direction, the present writ application is disposed of.

Pending Interlocutory Application(s), if any, will stand disposed of.